Article and graphics by Indira D’Souza, IANGEL Summer 2021 Intern
During the July 8, 2021 University of Essex Fifth Annual Lecture of the Human Rights Centre, UN Special Rapporteur in the field of Cultural Rights, Karima Bennoune, spoke on the topic of “Preventing Cultural Catastrophe in the Pandemic: A Cultural Rights Approach.” In this lecture, Ms. Bennoune emphasized the importance of cultural rights and practices to the human experience during the pandemic, and reflected on the effects of COVID-19 within vulnerable populations.
What are Cultural Rights?
Cultural rights are included in the framework of international human rights law. The Universal Declaration of Human Rights Article 27 states that “Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” In addition, Article 15 of the International Covenant on Economic, Social, and Cultural Rights includes “the right of everyone:
- To take part in cultural life;
- To enjoy the benefits of scientific progress and its applications;
- To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”
COVID-19 Effects on Cultural Rights
Ms. Bennoune pointed out that in the COVID-19 pandemic, many people have been able to survive being quarantined in their homes through cultural practices such as cooking, baking, watching movies, reading, and listening to music. Oftentimes these activities help to improve mental health and allow people to feel connected to their communities. Positive cultural rights responses to the pandemic have included online concerts, art exhibits, and other ways of engaging with culture through the Internet. Ms. Bennoune reminded listeners that mandatory shutdowns were used to expand authoritarian government power in some nations, where people were imprisoned or sometimes killed on the basis of cultural practices such as religion or political dissent. She condemned the use of the pandemic to censor and criminalize dissent and called for the release of all political prisoners.
Ms. Bennoune expressed concern that the lack of in-person cultural events could lead to an overall loss of skill in the artist community. Many musicians, actors, artists, and other cultural practitioners have not been able to work in person, and the collective loss of artistic skill could negatively affect future generations. In addition, the digital divide became more pronounced during the pandemic, with more than half of the world’s 7.8 billion people not having access to reliable internet service. The pandemic has also had gendered implications, affecting women’s safety in their homes and their ability to combat issues driven by climate change. More information about the effects of COVID-19 on women can be found in the IANGEL special report “Women, Cultural Rights & Climate Change: COVID-19 Impacts and Opportunities.”
Calls to Action
In her lecture, Karima Bennoune offered some ideas to increase and promote cultural rights and practices in light of the COVID-19 pandemic. She noted that there have been few government measures specifically targeting gender equality in pandemic responses, including responses to the cultural dimensions. Ms. Bennoune recommended that all responses to the current cultural crisis fully consider the cultural rights of women and their particular obstacles to enjoying those rights. Another solution offered was the expansion of resources to cultural rights defenders through the creation of a global fund to support cultural recovery. This fund would be in addition to support programs within nation states for artists and other cultural practitioners. These professionals should be supported because their work is important for all cultures and nations. Artists also enjoy the human right to work, and the right to safe conditions of work. Funding for cultural rights projects around the world can be framed in terms of sustainable development, disability and indigenous rights, and other human rights causes.
Ms. Bennoune emphasized that cultural work is essential and not a privilege for a select group of people. She called for the opening of public spaces and public cultural life in a safe and evidence-based manner according to public health guidance. The safe re-opening of public spaces is part of the right to enjoy scientific advancement and progress, guaranteed in both the UDHR and the ICESCR. Finally, she proposed a framework of strategies to promote cultural rights on a larger scale, including consulting with vulnerable communities and using a rights-based approach. This framework will help address disparities and use collaboration and cooperation to advance cultural rights within the global community. It is important to remember that culture is integral to the human experience, and the right to enjoy and practice culture in one’s community without facing state violence or unemployment should be promoted by human rights advocates.